The Madras High Court has signficantly held that case under Section 12 of the Domestic Violence Act can only be challenged under Article 227 of the Constitution and not Section 482 CrPC in High Court.
The full-judge bench of Justice PN Prakash, Justice RMT Teeka Raman and Justice AD Jagadish Chandira after Justice N Satish Kumar opined that Division Bench's verdict on the same was not in tune with the Supreme Court directions.
The Division Bench had ruled that petition under Section 482 CrPC for quashing of the DV Act case is maintainable. The single-judge bench which had ruled that DV Act proceedings are civil in nature took exception to it and transferred the issue for larger bench's consideration.
The Court has now clarified that a Magistrate Court is the designated court to hear applications under DV Act and nature of proceedings not being criminal, petition under Section 482 CrPC cannot said to be maintainable.
Inter-alia, the Court also noted that proceedings under DV Act cannot be transferred to Family Court since they only have additional jurisdiction to deal with such matters. It also added that this shall apply prospectively and matters already transferred need not interfered with.
The Court thus stated that aggrieved person are advised to either file an appeal with the Sessions Court or approach High Court under Article 227 if dissatisfied of the Magistrate's ruling.
It was of the view that there is no need to open pandora's box in matrimonial matters.
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